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| Virginia AG seeks high court ruling on inmates' religious rights |
| By Associated Press |
| Published: 04/12/2004 |
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Virginia Attorney General Jerry W. Kilgore has asked the U.S. Supreme Court to rule on the constitutionality of a federal law protecting the religious rights of inmates. The question stems from a case involving inmate Ira Madison, a Hebrew Israelite, who sued state prison officials in 2001 for denying his request for a kosher diet. In 2003, Senior U.S. District Judge James Turk of Roanoke denied Madison's request, and declared that part of a federal law that dictates how governments should treat inmates' religious rights was unconstitutional. Federal law prohibits prison officials from refusing inmates the ability to exercise their religious beliefs unless they can show a compelling reason. In December, the 4th U.S. Circuit Court of Appeals unanimously reversed the Turk's ruling. Federal appeals judges in several circuits around the country agreed with the 4th Circuit in upholding the constitutionality of the law. However, the 6th Circuit sided with Turk. Kilgore initially had said he would not appeal the 4th Circuit Court's decision. However, a Kilgore spokeswoman said he petitioned the Supreme Court this week to consider the matter because of differences of opinion between the 4th Circuit Court and the 6th Circuit Court of Appeals. "Because of the split, we need a definitive answer on the constitutionality of the law from the U.S. Supreme Court," said Carrie Cantrell, spokeswoman for Kilgore. Richard H. Menard, Madison's attorney, said his office expects to file a response the state's petition within a couple of weeks. Whether the Supreme Court will even consider the case is uncertain, Menard said, but the split between the 4th and 6th circuits will likely increase the chances of a ruling. |
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